1. The following definitions and rules of interpretation apply in these conditions.
Bespoke Goods: the Goods which are tailor-made, made-to-measure or personalised to your requirements and are not Ready-to-Wear Goods or Ready-To-Ship goods.
Business Day: a day other than a Saturday, Sunday or public holiday in New Zealand, when banks in New Zealand are open for business.
Charges: the charges payable by you to us for the supply of the Goods in accordance with clause 8 (Charges and Payment).
Conditions: the terms and conditions set out in this document.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, copyright in design, drawings, photographs, artwork, names of Goods or ranges and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Goods: the goods (or any part of them) set out in the Order, including Bespoke Goods and Ready-to-Wear Goods unless expressly excluded in the relevant provision of the Conditions.
Order: your order for the Bespoke Goods or Ready-to-Wear Goods (whichever applies) in accordance with clause 2.2.
Ready-to-Wear Goods: the Goods which are not Bespoke Goods. Ready-To-Wear Goods includes Ready-To-Ship items.
Terms & Conditions: the contract between you and us for the supply of Goods in accordance with these Conditions.
We/us/our: Dakota Deller Limited registered in New Zealand with company number 6390753.
Website: our website with link: www.dakotadeller.com
You: the person who purchases Goods from us.
1.2.1. A reference to a statue or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
1.2.2. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.2.3. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.2.4. Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.2.5. A reference to writing or written includes email.
2. Basis of contract
2.1. Your Order shall constitute an offer by you to purchase Goods in accordance with these Conditions. You are responsible for ensuring that the terms of the Order are complete and accurate.
2.2. Orders for Goods can be made by you as follows:
2.2.1. For Ready-to-Wear Goods: online order, through our Website, by e-mail or phone contact, or by purchasing from us at an event or private showing.
2.2.3. For Bespoke Goods: online order, through our Website, by e-mail or phone contact, or by purchasing from us at an event or private showing.
2.3. Our Terms & Conditions with you will be formed as follows:
(a) For Online Orders: when we email you with dispatch details to accept your Order. For the avoidance of doubt, an email from us acknowledging your Order has been received, does not constitute acceptance of your Order;
(b) For private showing and event Orders: when we tell you we can supply the Goods;
2.4. A quotation for Bespoke Goods given by us shall not constitute an offer. A quotation shall only be valid for a period of twenty (20) Business Days.
2.5. These Conditions apply to the Terms & Conditions to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.1. The Ready-to-Wear Goods are described in our catalogue or Website. Whilst we make every effort to provide an accurate description and image of the Ready-to-Wear Goods on our Website and any printed collateral, these are illustrative only and it may be that the scale and colours shown are different in the photos than in real life. We do not give any guarantee or warranty as to the accuracy of the Ready-to-Wear Goods to those displayed on the Website.
3.2. We do not warrant or undertake that Ready-to-Wear Goods displayed on the Website will be available for purchase by you.
4. Bespoke goods
4.1. You acknowledge that Bespoke Goods are customised goods made to order and therefore agree to the following:
4.1.1. That you shall comply with the payment conditions set out in clause 8.6 below;
4.1.2. That Bespoke Goods are 100% non-refundable; and
4.1.3. That the date on which your Bespoke Goods will be ready is an estimation and time shall not be of the essence.
4.2. You hereby give permission to us to use photos and/or videos of the Bespoke Goods on the Website, social media profiles, presentations and any other marketing material for the purposes of promoting our business. You shall have the right to withdraw such consent at any time by giving written notice to us.
5.1. Goods for which a delivery is required will only be delivered to the countries listed in clause 5.4 and the delivery fee will be included in the Charges.
5.2. You acknowledge that we use a third party courier or other tracked mailing service for the delivery of the Goods.
5.3. The Goods will be delivered to you as soon as reasonably possible and in any event within twenty (20) Business Days of the dispatch date. If you do not receive the Goods within this period of time, you shall immediately notify us.
5.4. In relation to Goods that will be delivered, we will only deliver to and therefore only accept Orders from addresses in the following destinations:
- U.S.A and Canada. Approximate delivery time: 3 - 6 business days.
- Europe and United Kingdom. Approximate delivery time: 3 - 6 business days.
- Asia and Rest Of World. Approximate delivery time: 3 - 6 business days.
5.5. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence.
5.6. When you request a delivery to be made outside New Zealand, the Goods may be subject to tax or customs duty over which we have no control and you shall be solely responsible for paying such tax to the relevant entity or authority.
5.7. Goods will be delivered to the address provided to us when placing your Order or to such other location as you tell us in writing.
5.8. We shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
6. Risk and title
6.1. You will own the Goods when we have received full payment for them and for any applicable delivery costs.
6.2. Subject to clause 7.4, the risk in the Goods and associated costs shall pass to you at the earliest of the Goods coming into your physical possession or a person identified by you to accept the Goods.
7. Your obligations
7.1. You must ensure that the contact details that you provide in your Order and/or your account held at our Website are complete and accurate.
7.2. When creating your account through our Website, you shall be responsible for ensuring that your username and password are kept confidential and are not disclosed to a third party.
7.3. We shall have the right to suspend or disable your access to the account if we become aware or have reason to believe that a third party has gained access over your account, or we are of the opinion that you are in breach of these Conditions.
7.4. It is your responsibility to ensure that when you purchase Goods, you are not breaching any local laws or rules applicable to you and that may apply in the designated place of delivery. Should a legal restriction or embargo apply in relation to the Goods ordered by you (including where Goods are delayed by customs or import restrictions in the country where you have requested delivery), we may not be able to deliver the Goods to you and we will not be responsible for any loss, cost or damages as a result. In that case, you will still have to cover the Charges.
7.5. You warrant that the Goods are for personal, and not commercial use.
8. Charges and payment
8.1. The Charges for the Goods shall be the price specified on our Website (for Online Orders), or indicated to you by us, or if no price is quoted, the price set out in our brochure price list as at the date of Order.
8.2. It is possible that, despite our best efforts, some of the Goods may be incorrectly priced, especially on our Website. We will normally check prices before accepting your Order so that, where the Goods’ correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Goods’ correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Terms & Conditions, refund you any sums you have paid and require the return of any Goods provided to you.
8.3. We accept payment for Online Orders by debit or credit card only.
8.4. We accept cash payments only for Orders placed at events or private showings.
8.5. We may, by giving notice to you at any time up to ten (10) Business Days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
(a) Any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in materials costs);
(b) Any request by you to change the delivery date;
(c) Any request by you to change the design of a Bespoke Order;
(d) Any delay caused by any of your instructions or your failure to give us adequate or accurate information or delivery instructions.
8.6. For Bespoke Goods, you must pay a non-refundable deposit of 50% of the total Charges when you place your Order. The remaining 50% must be paid on delivery or collection of the Bespoke Goods.
8.7. For Goods (other than Bespoke Goods), you shall pay the invoice in full and in cleared funds at the time of placing the Order.
8.8. Time for payment for the Goods is of the essence and we shall not proceed with the processing of the Order or the delivery of the Goods to you until all amounts payable to us by you are paid in full.
8.9. All amounts due under the Terms & Conditions shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
9. Return policy
9.1. This clause does not apply to Bespoke Goods which the parties agree that they cannot be returned or refunded.
9.2. Should you cancel an Order before it is dispatched, then you will receive a full refund for the Goods.
9.3. Should you cancel an Online Order after it has been dispatched and within fourteen (14) days of delivery of the Goods, then, you may either request a full refund or exchange the Goods. If the Goods have been delivered to you, you must either return them in person or post them back to us at your own expense.
9.4. Purchases made at events and private showings are non-refundable. You may either request an exchange or credit note within fourteen (14) days of receipt of the Goods.
9.5. We will not accept Goods that have been worn or damaged.
9.6. When returning Goods, you shall be responsible for ensuring that the Goods arrive in perfect condition, properly packaged and safely delivered or returned to us.
9.7. We shall proceed to any applicable refund after we have received the returned Goods and provided that the state of the returned Goods is to our satisfaction.
10. Intellectual property rights
10.1. All Intellectual Property Rights in or arising out of or in connection with the Goods (other than Intellectual Property Rights in any materials provided by you) shall be owned by us.
10.2. In relation to Bespoke Orders, and subject to clause 10.1, it is your responsibility to ensure that you have all necessary licenses or ownership rights of Intellectual Property Rights in any materials provided to us or any requested designs made by you and you warrant to us that you have the right to use them for the purposes of supplying the Goods.
10.3. We shall be entitled to claim authorship for and shall be the owner of Intellectual Property Rights created in the course of supplying the Goods.
10.4. This clause 10 shall survive termination of the Terms & Conditions.
11. Data protection
12. Limitation and liability
12.1.Nothing in this Terms & Conditions shall limit or exclude our liability for:
(a) Death or personal injury cause by its negligence, or the negligence of its employees, agents or subcontractors;
(b) Fraud or fraudulent misrepresentation; or
(c) Breach of the terms implied by section 12 or any other liability which cannot be limited or excluded by applicable law.
12.2. Subject to clause 12.1, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Terms & Conditions.
12.3. Subject to clause 12.1, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Terms & Conditions shall be limited to 100% of the total Charges paid under the Contract.
12.4. This clause 12 shall survive termination of the Terms & Conditions.
13.1. Force majeure. Neither you or us shall be in breach of the Terms & Conditions nor liable for delay in performing, or failure to perform, any of its obligations under the Terms & Conditions if such delay or failure result from an event or circumstance that is beyond our reasonable control, including without limitation, acts of God, flood, drought, earthquake, or other natural disaster, terrorist attack, war, riots, fire, strikes or pandemics.
13.2. Entire agreement. The Terms & Conditions constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, proposals, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
13.3. Waiver. A waiver of any right or remedy under the Terms & Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach of default. A failure or delay by you or us to exercise any right or remedy provided under the Terms & Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other remedy.
13.4. Severance. If any provision or part-provision of the Terms & Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms & Conditions.
13.5. Notices. Any notice given to a party under or in connection with the Terms & Conditions shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its address last communicated to the other party (in any other case); or sent by email at the last known email address. Our email address shall be email@example.com. Any notice or other communication shall be deemed to have been received: if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; if sent by pre-paid first class post or other next working day delivery service, at 9am on the second Business Day after posting or at the time recorded by the delivery service; or, if sent by email, at 9am on the next Business Day after transmission.
13.6. Third party rights. Unless it expressly states otherwise, the Terms & Conditions does not give rise to any rights under the Contracts to enforce any term of the Terms & Conditions.
13.7. Governing law. The Terms & Conditions, and any dispute or claim (including non-contractual disputes of claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of New Zealand.
13.8. Jurisdiction. We and you both irrevocably agree that the courts of New Zealand shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms & Conditions or its subject matter or formation.
Acceptable use policy - please read the terms of this policy carefully before using the site
What's in these terms?
This acceptable use policy sets out the content standards that apply when you link to our site, or interact with our site in any other way.
Who we are and how to contact us
www.dakotadeller.com is a site operated by Dakota Deller Limited ("We"). We are registered in New Zealand under company number 639075. We are a limited company trading under the name Dakota Deller. Our GST number is 123616561.
To contact us, please email firstname.lastname@example.org
By using our site you accept these terms
By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We may make changes to the terms of this policy
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms & Conditions.
- Not to access without authority, interfere with, damage or disrupt: any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
Breach of this policy
When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the Terms & Conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Which country's laws apply to any disputes?
If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by New Zealand law. You and we both agree that the courts of New Zealand will have exclusive jurisdiction.
If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by New Zealand law. We both agree to the exclusive jurisdiction of the courts of New Zealand.